California Labor Code

§ 98.74

LAB § 98.74 Effective Jan 1, 2020Div. 1 · Ch. 4

Statute text

(a)If the Labor Commissioner determines, after an investigation of a retaliation or discrimination complaint filed in accordance with Section 98.7, that a violation has occurred and the Labor Commissioner proceeds with a citation, the Labor Commissioner shall issue, with reasonable promptness, a citation to the person who has been determined to be responsible for the violation. The citation shall be in writing, shall describe the nature of the violation and the amount of wages and penalties due, and shall include any and all appropriate relief. Appropriate relief includes directing the person cited to cease and desist from the violation and take any action necessary to remedy the violation, including, where appropriate, rehiring or reinstatement, reimbursement of lost wages and interest thereon, and posting notices to employees. Service of the citation shall be completed pursuant to Section 1013 of the Code of Civil Procedure by first-class and certified mail to the person cited. The citation shall advise the person cited of the procedure for obtaining review of the citation.

(b)(1) A person issued a citation pursuant to this section may obtain review of the citation by transmitting a written request for an informal hearing to the office of the Labor Commissioner at the address that appears on the citation within 30 days after service of the citation. If no hearing is requested within 30 days after service of the citation, the citation shall become final.

(2)The Labor Commissioner shall file, within 10 days of the citation becoming final pursuant to this section, a certified copy of the final citation with the clerk of the superior court in the county in which the person assessed has or had a place of business, accompanied by a declaration that all prerequisites for issuing a judgment have been met. Judgment in favor of the state and against the person being assessed shall be entered immediately by the court clerk in conformity therewith for the total monetary amount shown on the citation. The Labor Commissioner may also file a petition in superior court seeking an order to show cause why any injunctive and other nonmonetary relief determined by the Labor Commissioner or their designee in a citation that has become final should not be ordered. After filing the petition, the Labor Commissioner may file an application for an order to show cause and serve it upon the respondent. Promptly after the Labor Commissioner files the application for an order to show cause, the court shall issue an order to show cause why any injunctive and other nonmonetary relief should not be ordered and schedule a hearing. Absent a showing of an abuse of discretion, the court shall enter judgment for the state against the respondent for the injunctive and other nonmonetary relief.

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Legislative history

Amended by Stats. 2019, Ch. 721, Sec. 1. (SB 229) Effective January 1, 2020.